Aggregation versus 1367 Aggregation sometimes permits the amounts in controversy (“AIC”) in a case to be added together to satisfy the jurisdictional requirement of section 1332. If aggregation is allowed, then there is original SMJ over any such claims. Example: P sues D for five separate claims, each worth $20K: here, the AIC is $100K. However, some claims can’t be […]
Some scenarios based on Glannon’s Examples & Explanations. Determine whether there is subject-matter jurisdiction. Explanations will be made available after we discuss the problems. P (California) sues D (New York) alleging copyright infringement arising from D’s copying P’s book. P joins a claim against D for an unrelated battery arising from a dispute over some rare […]
The Problem Read the Exxon case in the casebook carefully, along with the notes for that case. The scenarios below are based on Exxon, and involve suits with multiple plaintiffs and one defendant. In these cases, joinder was made of multiple plaintiffs under Rule 20 (or of a class under Rule 23) and not required joinder under Rule 19. […]
The subsections of 1367: Granteth, Taketh away, Punteth, and Saveth. Read 1367 carefully. Mark it up. Then work through this handout and re-review 1367 again. Carefully. Then read the cases. Carefully. Rinse, lather, repeat. Then and only then, do the problem set. Be prepared to discuss them, I will be calling on students. 1367(a): GRANTETH 1367(a) provides […]
